U.S. Court of Appeals for the Fifth Circuit, 2012

United States v. Hermilo Serrato

United States v. Hermilo Serrato
U.S. Court of Appeals for the Fifth Circuit · Decided May 29, 2012 · Benavides, Stewart, Higginson
470 F. App'x 407

United States v. Hermilo Serrato

Opinion

PER CURIAM: *

The attorney appointed to represent Hermilo Benitez Serrato has moved for *408 leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011). Benitez Serrato has filed a response. The record is insufficiently developed to allow consideration at this time of Benitez Serrato’s claims of ineffective assistance of counsel; such claims generally “cannot be resolved on direct appeal when the claim has not been raised before the district court since no opportunity existed to develop the record on the merits of the allegations.” United States v. Cantwell, 470 F.3d 1087, 1091 (5th Cir. 2006) (internal quotation marks and citation omitted). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Benitez Serrato’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2. Benitez Serrato’s motion to appoint new appellate counsel is DENIED. Cf. United States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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